MATTER OF WALLACE


239 A.D.2d 14 (1998)

667 N.Y.S.2d 768

In the Matter of The Estate of Michael P. Wallace, Deceased. Mary K. Wallace, Respondent; Daniel V. Keating, as Rensselaer County Sheriff, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 15, 1998


Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany (Rebecca A. Slezak of counsel), for appellants.

J. Paul Troue, Troy, for respondent.

MIKOLL, J. P., CREW III, YESAWICH JR. and PETERS, JJ., concur.


MERCURE, J.

On this appeal, the only issue that need be determined is whether Surrogate's Court has subject matter jurisdiction over an application by the administrator of a decedent's estate for preaction disclosure to aid in bringing a wrongful death action. We respond in the negative and therefore reverse the order of Surrogate's Court denying respondents' motion to stay disclosure.

It is well settled...

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